Archives for July 2011

Commercialisation of intellectual property

Commercialisation is a term that is much touted in entrepreneurial circles – although it’s not quite as popular as the term “Investor ready“!  It is often titled “New Venture Development”.  It stems from the creation of intellectual property (IP) that enables the owner to protect the work to exploit its commercial value.

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Strategy before structure

By Lloyd Russel, Principal TCB Solutions

When starting up a new business venture, expanding current operations or diversifying the current business our first actions, as owners of family and private businesses, are to seek advice as to the structure of the business.  This is a legitimate course of action for a number of reasons including:

  • The desire to get started quickly and leverage our current technical expertise to exploit the business opportunity;
  • Find the best way to leverage personal assets and raise the necessary capital for the business venture;
  • To protect personal and business assets; and
  • The people we know are usually the Accountant, Legal Professional, Financier and Insurance Broker.

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Licence Agreements

A licence can be a great way of exploiting the commercial value of intellectual property (IP).  Put simply, assuming that the grantor of the rights controls the IP. A licence is the grant of a permission or authority by one person to another to do something.
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Brand protection in the new millennium

Launching a new brand is a difficult job, regardless of whether you are at the coal face designing the actual logo or attempting to please various stakeholders including an omnipresent board of directors.  Regardless of your taste and preferences for the look and feel of the artwork, there are various things that should be considered in the new millennium to protect all that hard work.

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How big does your company need to be to list on the ASX?

Last updated 21 May 2016

For many organisations, achieving an exit for its members via a listing of its securities on the stock exchange may be highly desirable, but for the uninitiated, it can be a complex and somewhat daunting process.   A consultation paper released by the ASX on 12 May 2016 proposes changes to these criteria.  Read our summary of the proposed changes to the eligibility requirements. [Read more…]

Are your electronic messages Spam Act Compliant?

Last updated 25 August 2015
The Spam Act 2003 (Cth) (Act) came into effect on 12 December 2003 with all provisions coming into force on 10 April 2004.  The Act together with the Spam Regulations 2004 (Cth) (Regulations) provide a scheme for regulating and prohibiting the sending of unsolicited Commercial Electronic Messages and other types of Electronic Messages.

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Tailored Constitutions vs Shareholders’ Agreements

At first glance, it would seem that a Constitution and a Shareholders’ Agreement are similar in that they both regulate the rights and obligations of a Company’s Shareholders.  A further look at two typical documents of this type reveal that they contain different rights and obligations and can be used in different ways depending on the circumstances of the Company.

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Client guide to reducing legal costs

Dundas Lawyers provides a guide to our clients to assist them to reduce their legal fees, so that we can focus on adding value and providing the best solution possible.  [Read more…]

What do Shareholders’ Agreements protect against?

A Shareholders Agreement is a contract that attempts to regulate the rights and obligations of Shareholders or Members (used interchangeably) in the context of their ownership of securities in a Company. [Read more…]

The $6.5Billon dollar mistake!

I finally had the opportunity to see the Social Network on DVD recently.   As a Lawyer, having felt like I had been in a very similar situation in a previous life (albeit we are not talking about a business any where near the size of Facebook), it was easy to recognise several points in time where Eduardo Saverin could have preserved the value of his equity in Facebook.

To put the gravity of this situation into perspective, if Eduardo Saverin’s share of Facebook had been maintained at thirty (30) percent, then his equity would be valued at $US7.5 billion dollars (at the time of writing this article) – calculated on the basis of his residual shareholding of $US75Million – that’s a $US 6.75 Billion dollar mistake! [Read more…]

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